IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ORDERING ANY PRODUCTS FROM OUR WEBSITE WWW.THEKEEPBOUTIQUE.COM (THE “WEBSITE”)
PLEASE NOTE, BEFORE PLACING AN ORDER YOU WILL BE ASKED TO AGREE TO THE TERMS. BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THE TERMS YOU AGREE TO THE TERMS WHICH WILL APPLY TO ANY CONTRACT BETWEEN US FOR THE SALE OF ANY PRODUCTS FROM OUR WEBSITE. FURTHER, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER (OR YOU HAVE ACCEPTED THESE TERMS WITH THE KNOWLEDGE AND CONSENT OF A RESPONSIBLE PARENT OR GUARDIAN); (ii) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; AND (iii) HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON AND YOU MAY NOT PURCHASE ANY PRODUCTS FROM OUR WEBSITE.
1. Introduction and use of our Website
1.1 The Terms set out the terms on which you access our online shop in order to purchase any of the products (“Products”) listed on our Website.
1.4 It is important that you read the Terms carefully. You should print out a copy of the Terms for your future reference.
1.5 If you have any questions or queries, or if you would like to request a printed copy of the Terms, please contact us using the contact details set out at clause 15 below.
1.6 We may amend the Terms from time to time, as set out in clause 19. Every time you wish to order Products please check the Terms to ensure you understand the terms which will apply at that time.
1.7 The Terms, and any Contract between us, are all in the English language.
2. Information about us
2.1 We operate the Website www.thekeepboutique.com. We are The Keep Boutique Ltd, a company registered in England and Wales under company number 08392734 and with our registered office at 52 High Street HA1 3LL Harrow On The Hill. Our main trading address is 32/33 Granville Arcade, Coldharbour Lane, London, SW9 8PR.
2.2 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
2.3 To contact us, please see our Contact Us page.
3. Our Products
3.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our Website.
3.2 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance.
3.3 All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order, notwithstanding that you may have received an email acknowledging your Order (defined below).
4. Your Status
4.1 By placing an order for Products through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old (or if you are not 18 years old, you have your parent’s or guardian’s consent to place the order);
(c) you have the legal right to use any debit or credit card(s) used to purchase the Products; and
4.2 If you state on the online registration form (by ticking the relevant box) (see clause 5 below) that you will purchase the Products from our Website as a consumer, you confirm that you are purchasing the Products as a consumer and not for business purposes.
4.3 If you are not a consumer (i.e., you are ordering Products for business purposes) you warrant that you have the authority to bind any business on whose behalf you use our Website to purchase Products.
5. Setting up an account on our Website
5.1 Before you purchase any Products from our Website, you have the option to register as a user of our Website and create an online account with us (“Account”). To create an Account you should follow the instructions on our Website.
5.2 Your username will be the email address you use to register your account. You must also select a secret password, known only to you.
5.3 When creating your Account, you shall be asked to confirm whether you are purchasing the Products as a consumer or a business and if you are purchasing Products as a consumer you will need to tick the relevant box when requested to do so.
5.4 Your Account is non-transferable. The Account may only be used by the individual who created it and not by anyone else. We reserve the right to terminate your Account if we have reason to believe that your Account details are being used by anyone other than you.
5.5 You shall be liable for all activities that are undertaken using your Account, together with the associated password and you shall compensate us for all and any losses we may suffer as a result of any failure by you to keep your username and password strictly confidential.
6. Placing an Order on our Website
6.1 Once you have accepted the Terms you can place an order for Products on our Website (“Order”). Please check that the details on your Order are complete and accurate before you commit yourself to purchase the Products. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the order process.
6.2 If any of the Terms are inconsistent with any term of an Order, the Terms shall prevail.
6.3 After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us by you to buy Products. All Orders are subject to acceptance by us and we will confirm such acceptance by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the sale and purchase of the Products (“Contract”) will only be formed when we send you the Dispatch Confirmation.
6.4 We shall assign an order number to the Order and inform you of it in the Dispatch Confirmation. Please quote the order number in any subsequent correspondence with us relating to the Order.
6.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6.6 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by email and we will not process your Order. If you have already paid for the Product, we will refund you the amount paid as soon as possible.
7. Your Rights – Consumers
THIS CLAUSE 7 APPLIES TO CONSUMERS ONLY
7.1 Subject always to clause 7.3, if you are a consumer, you may cancel a Contract (or part of a Contract in relation to specific Products) from the date of the Dispatch Confirmation in respect of such Product(s) which is when the Contract between us is formed. If the Product(s) have already been delivered to you, you may cancel the Contract at any time within seven working days, beginning on the day after the day you received the Products. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product you have Ordered, you can let us know of your decision to cancel the Contract (or part of the Contract) and receive a refund. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out in clause 11 below).
7.2 To cancel a Contract, you must inform us in writing (this can be by sending an email to the email address, or by post to the address, set out at clause 15). You must also return the Products to us as soon as reasonably practicable, at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 You will not have any right to cancel a Contract for the supply of any:
a) made to measure, customised or personalised Products;
b) perishable Products which are liable to deteriorate quickly,
which you have purchased from us through our Website.
7.4 As a consumer, you have legal rights in relation to Products which are faulty or not as described and you are entitled to return the Products to us and receive a full refund including the costs of delivery, in accordance with our Refunds Policy (see clause 11 below).
7.5 Your right to cancel a Contract only applies to Contracts made by consumers for their own personal use and does not apply to those customers who order Products for use in the course of business.
7.6 As a consumer, advice about your legal rights is available to you from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect your statutory rights.
8. Postage, Packaging and Delivery
8.1 Your Order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation. We will take reasonable steps to meet the delivery date set out in the Dispatch Confirmation. However, occasionally delivery may be affected by Events Outside of our Control (see clause 16 below) and so cannot be guaranteed. We will endeavour to let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
8.2 Delivery will be completed when we deliver the Products to the address you gave us when you made your Order.
8.3 It is your responsibility to ensure that the delivery address provided to us by you is correct. If Products are delivered to an incorrect address as a result of incorrect information provided by you, we will not be responsible for this and you will be charged for the cost of redelivery to the correct address.
8.4 If you fail to take delivery of an Order on the date set out in the Dispatch Confirmation, a card will be left indicating the next steps to re-arrange delivery. We may charge you additional delivery charges in respect of additional delivery attempts depending on which carrier is used.
8.5 If we are not able to procure delivery of the whole of the Order at one time due to operational reasons or shortage of stock, we may procure the delivery of the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment delivered by us shall constitute a separate Contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
8.6 The Products delivered to you will be your responsibility from the time of delivery.
8.7 Ownership of the Products delivered to you will only pass to you when we receive payment in full of all sums due in respect of all Products ordered by you, including delivery charges.
9. International Delivery
9.1 If you place an Order for delivery to one of the international destinations, your Order may be subject to import duties and, taxes and other additional charges which are applied when the delivery reaches that destination. Please note that we do not have any control over these charges and we cannot predict the amount. You will be deemed to agree these charges if and when you place an Order for international delivery.
9.2 You will be responsible for payment of any such import duties, taxes or other additional cheques. Please contact your local customs office for further information before placing your Order.
9.3 If you place an Order for international delivery you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law and you will compensate us for any costs we incur as a result of such breach.
10. Price of products, delivery charges and Payment
10.1 All prices are quoted in pounds sterling.
10.2 The price of the Products and the postage and packaging charges will be as quoted on our Website from time to time, except in cases of obvious error. The price of a Product does not include postage and packaging charges.
10.3 The prices quoted on our Website are inclusive of VAT (where applicable). However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price and availability of all Products advertised on our Website are subject to change, without notice, but changes will not affect Orders in respect of which we have already sent you a Dispatch Confirmation.
10.5 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
10.6 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
10.7 Payment for all Products must be by credit or debit card or by any other payment method stipulated on our Website. We will not charge your credit or debit card until your Order has been confirmed.
11. Returns and Refunds – Consumers
THIS CLAUSE 11 APPLIES TO CONSUMERS ONLY.
11.1 If you are a consumer and you wish to return Products to us:
a) having notified us of your cancellation of the Contract (or part of a Contract in relation to specific Products), further to your rights under clauses 7.1 and 7.2 and you have notified us of your cancellation within seven working days (see clauses 7.1 and 7.2 above), we will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. We will refund the price of the Products in full, and any applicable delivery charges, provided that you return the unwanted Products to us as soon as possible after you have cancelled the Contract. You are responsible for the cost of returning any such items;
b) in other circumstances (see clause 7.4) you must notify us (by post, email or telephone) of all the Products which you wish to return to us and we will confirm whether we require you to return the Products and if so, details of how to return the Products. We will usually process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day we confirmed to you via email that you are entitled to a refund. We will refund the price of defective Products in full including any applicable delivery charges and any reasonable costs you incur in returning the Product(s) to us.
11.2 If you are returning Products to us:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or have been mis-described, you will be responsible for the cost of returning the Products; and
(c) you have a legal obligation to take reasonable care of the Products whilst they are in your possession.
11.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.4 As a consumer, you will always have statutory rights in relation to Products that are faulty or not as described on our Website. These statutory rights are not affected by the returns policy in this clause 11 or anything else in these Terms. If you require further advice about your legal rights contact your local Citizens’ Advice Bureau or Trading Standards Office.
11.5 Please contact us with any questions about the returns policy applicable to any Products purchased on our Website at firstname.lastname@example.org.
12. Our liability
12(A) THIS CLAUSE 12(A) APPLIES TO CONSUMERS ONLY
12(A)(i) If you purchase Products from the our Website as a consumer, subject to clause 12(C) below, if we fail to comply with these Terms, we are responsible for any losses or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
12(A)(ii) If you purchase Products as a consumer, the Products will be supplied for domestic and private use only. You agree not to use the Products for any commercial, business or re-sale purposes and we will not be liable for any loss of income or revenue; loss of business; loss of profits, business interruption or loss of business opportunity in the event that you purchase Products as a consumer.
12(B) THIS CLAUSE 12(B) APPLIES TO BUSINESS CUSTOMERS ONLY
12(B)(i) We only supply the products for internal use by your business and you agree not to use the Product(s) for any resale purposes.
12(B)(ii) If you purchase Products from the our Website as a business customer, subject to clause 12(C) below, we will, under no circumstances whatsoever, be liable to you, whether in tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
12(B)(iii) Subject to clause 12(B)(ii) and 12(C), our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the price of the Products.
12(B)(iv) Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
12(C) THIS CLAUSE 12(C) APPLIES TO BOTH CONSUMERS AND BUSINESSES
12(C) Nothing in these Terms excludes or limits our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
iv) defective products under the Consumer Protection Act 1987;
v) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Intellectual Property Rights
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the our Website and to the business of The Keep Boutique Limited.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to The Keep Boutique Limited at 32/33 Granville Arcade, Coldharbour Lane, London, SW9 8PR or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Events Outside of Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Event Outside of our Control”).
16.2 An Event Outside of our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) the acts, decrees, legislation, regulations or restrictions of any government;
g) pandemic or epidemic; and
h) failure of ISP or telecommunications provider.
16.3 Our performance under these Terms is deemed to be suspended for the period that the Event Outside of our Control continues to affect the performance of our obligations under these Terms, and we will have an extension of time for performance for the duration of that period. We will contact you as soon as reasonably possible to notify you of the Event Outside of our Control and where the Event Outside of our Control affects our delivery of Products to you we will arrange a new delivery date with you after the Event Outside of our Control ceases.
17. Other important Terms
17.2 You acknowledge that, by accepting these Terms (and the documents referred to in them), you have not relied on any statement, representation, assurance or warranty of any person (whether a party to these Terms or not) other than as expressly set out in these Terms or those documents.
17.3 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 If any of the provisions of these Terms is determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.5 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
17.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
18. Availability of Website
We provide no guarantee for the constant and uninterrupted availability of our Website. We shall not be liable for any damage or loss whatsoever incurred by you or any third parties using our Website.
19. Our Right to Vary These Terms
19.1 We have the right to revise and amend these Terms from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Product).
20. Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the courts of England and Wales.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Terms of website use
Other applicable terms
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
If you purchase goods from our Website, our Terms and conditions of supply will apply to the sales.
Information about us
www.thekeepboutique.com is a website operated by The Keep Boutique Ltd (“We“). We are registered in England and Wales under company number 08392734 and have our registered office at 52 High Street HA1 3LL Harrow On The Hill. Our main trading address is 32/33 Granville Arcade, Coldharbour Lane, London, SW9 8PR.
We are a private limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our website
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Accessing our website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at 32/33 Granville Arcade, Coldharbour Lane, London, SW9 8PR or at firstname.lastname@example.org.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
Uploading content to our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our Website do not represent our views or values.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our Website other than that set out above, please contact email@example.com.
Third party links and resources in our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our Website.
This acceptable use policy sets out the terms between you and us under which you may access our website: www.thekeepboutique.com (“Website”). This acceptable use policy applies to all users of, and visitors to, our Website.
Your use of our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.thekeepboutique.com is a site operated by The Keep Boutique Ltd (“We” or “Us”). We are registered in England and Wales under company number 08392734 and we have our registered office at 52 High Street HA1 3LL Harrow On The Hill. Our main trading address is 32/33 Granville Arcade, Coldharbour Lane, London, SW9 8PR.
You may only use our Website for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Website, including, without limitation:
- Chat rooms.
- Bulletin boards. (“Interactive Services”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Website.